War continues: ICJ verdict has no teeth

Israeli Prime Minister Benjamin Netanyahu yesterday called the International Court of Justice (ICJ) in The Hague’s decision that it must act to prevent genocide an “outrage”, noting Israel would continue to defend itself.

While the ICJ ruled in favour of South Africa’s request for provisional measures against Israel over the Gaza war, analysts say Israel was unlikely to stop the war on Hamas in Gaza anytime soon.

‘Ruling would not have a dramatic effect on the conflict’

Political economy analyst Daniel Silke said the ICJ ruling would not have a dramatic effect on the conflict.

The court did not call for Israel to enter into ceasefire negotiations, which meant “the conflict would continue”.

“I think Israel will continue to argue it is doing what it can to protect its citizens. Israel has been asked to provide proof of this and I would expect them to provide evidence.

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“I also think this overall places Israel further into the global spotlight but beyond that, the politics of the Middle East will play out in the Middle East and will not be affected by this judgment.”

Silke added this raised South Africa’s profile diplomatically amongst certain countries and communities across the world. But it had also incurred a degree of concern from other countries and communities.

‘Not a uniform win for South Africa’

“It is not a uniform win for South Africa in this particular case.”

Calling the attempt to stop Israel from defending itself “vile”, Netanyahu said the “attempt to deny Israel this fundamental right is blatant discrimination against the Jewish state, and it was justly rejected.

“The charge of genocide levelled against Israel is not only false, it’s outrageous, and decent people everywhere should reject it.

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“On the eve of the International Holocaust Remembrance Day, I again pledge as prime minister of Israel – never again,” he said.

Israel will probably stall the implementation of the judgment

Everisto Benyera, a University of South Africa associate professor, said Israel would probably stall the implementation of the judgment.

“The war will continue and one of the low-hanging fruits for Israel to use as a weapon against this judgment is the issue of the unconditional surrendering of all prisoners and hostages,” he said.

“That means Hamas must release all those hostages it took on 7 October and Israel, by my reading of this judgment, must release prisoners it arrested after 7 October – and there are almost 6 000.”

National chair of the SA Jewish Board of Deputies Karen Milner welcomed the ICJ’s “recognition of Israel’s right to defend its citizens by denying the ANC government’s request for a ceasefire”.

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“The court’s call for the hostages to be freed is a fundamental requirement for the end of the conflict,” Milner said.

“It is regrettable that the SA government did not put pressure on Hamas to release the hostages from the outset, which would have averted such terrible loss of life.”

Additional reporting by Amanda Watson